Copy of email correspondence:
04 July 2007
The Scottish Parliament
[email hidden]
Dear Sirs
Undemocratic National Parks
At a time when our troops are fighting for the fundamental freedom of
democracy in various parts of the world, one would think that such
freedoms would be paramount in our own country. Not the case in
National Parks.
The Convention for the Protection of Human Rights and Fundamental
Freedoms as amended by Protocol No. 11 with Protocol Nos. 1, 4, 6, 7,
12 and 13, Article 3 "Right to free elections" states; "The High
Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the
free expression of the opinion of the people in the choice of the
legislature".
Residents in Scotland voted in the local government elections held on
Thursday, 3 May 2007 for their choice of councillors to be appointed
to represent their interests.
However, in the National Parks the situation is very different. A
significant amount of local government control has been handed down
from central government to mainly un-elected interest-led appointees
That means, effectively, those of us who live in National Parks in
Scotland do not have the same level of local government democracy as
elsewhere in the country.
It appears that the Scottish Executive's reasoning is that Loch Lomond
and the Cairngorms are "national assets" but they are much less so
than the vibrant cities of Glasgow or Edinburgh, where if local
government powers were handed down to appointees from interest groups
there would be an outcry - and rightly so.
Why should we who live in the Nationals Parks be subjected to
interest-led control, whilst those in the rest of the country enjoy
the right to freely elect their local government decision makers?
Does this not contravene the above human rights agreement, in that all
UK citizens should have the same democratic rights irrespective of
where they live?
Yours faithfully
Angus Macmillan.
cc Mike Cantlay Esq, Loch Lomond and the Trossachs National Park
_________________
23/07/2007 17:02:46 GMT Standard Time
From [email hidden]
cc: [email hidden],
[email hidden]
Dear Mr. Macmillan,
Thank you for your e-mail dated 9 July 2007, subject title
'Undemocratic National Parks'
The Scottish Executive welcomes the views from members of the public
on matters of interest and importance to them. In response to your
e-mail, I can provide background information on the establishment of
the National Parks, the intention of their designation and their
constitution.
The Park Authorities are principally enabling and facilitating bodies
and they work closely with other public bodies, local authorities,
local communities and local businesses to ensure that the National
Park aims are achieved (please see below for the list of the aims).
The Members of the Park Authorities do not hold a representative role
on the Board. The Members are required to declare any interests that
they may have on specific board meeting agenda items and, if required,
withdraw from the meeting at the point the specific issue is
discussed. A register of Members' interests are accessible through the
Park Authorities' websites. More information about the National Park
Boards is detailed below.
The Park Authorities do have some regulatory powers such as planning,
otherwise, it is the constituent local authorities who have
responsibility for the serving the communities within their respective
boundaries in the National Park area.
Background information on the establishment of National Parks in
Scotland
The Scottish National Parks were established under the National Parks
(Scotland) Act 2000 (the 2000 Act) by fulfilling the conditions as set
out in Section 2 (2) of the Act, namely,
(a) that the area is of outstanding national importance because of its
natural heritage or combination of its natural and cultural heritage,
(b) that the area has a distinctive character and coherent identity,
and
(c) that designating the area as a National Park would meet the
special needs of the area and would be the best means of ensuring that
the National Park aims are collectively achieved in relation to the
area in a co-ordinated way.
The National Parks were established by the 2000 Act and their
respective Designation, Transitional and Consequential Provisions
(Scotland) Orders. The Act and the Designation Orders can be seen by
clicking on the following links:
National Parks (Scotland) Act 2000
http://www.opsi.gov.uk/legislation/scotland/acts2000/20000010.htm
Cairngorms National Park Designation Order
http://www.opsi.gov.uk/legislation/scotland/ssi2003/20030001.htm
Loch Lomond and The Trossachs National Park Designation Order
http://www.opsi.gov.uk/legislation/scotland/ssi2002/20020201.htm
Each National Park Designation Order specifies the number of members
which establishes the National Park Authority as well as the number of
members who provide local representation on the Board. Each National
Park Authority Board consists of 25 members of which 5 members are
directly elected by the voters in the Park, 10 members are nominated
by the national park's constituent local authorities (of which there
are four local authorities in each park) and 10 members are directly
appointed by Scottish Ministers. The Act requires that members
directly appointed and nominated to the Board must have knowledge and
experience relevant to the functions of the National Park Authority or
the National Park. The members directly appointed by Scottish
Ministers must compete for a place on the Board by taking part in a
public appointment process overseen by the Office for the Commissioner
of Public Appointments in Scotland.
The purpose of a National Park Authority Board
The 25 Board members must work together with the purpose, as set out
in the Act [section 9 (1)], of ensuring that the National Park aims
are collectively achieved in relation to the National Park in a
co-ordinated way. The Board members must also follow a Code of
Conduct as required by the Ethical Standards in Public Life etc
(Scotland) Act 2000 and are expected to observe the nine key
principles underpinning public life in Scotland (pages 2-6 and 2-7 of
'On Board, A guide for board members of public bodies in Scotland'
lists these principles
http://www.scotland.gov.uk/Resource/Doc/135800/0033653.pdf) . The
Cairngorms National Park Authority code of conduct can be found
through this link
http://www.cairngorms.co.uk/resource/docs/Code.Of.Conduct.pdf and the
Loch Lomond and The Trossachs National Park Authority code of conduct
can be found through this link
http://www.lochlomond-trossachs.org/park/default.asp?p=229.
The four aims of National Parks in Scotland (as stated in the 2000
Act) are:
o To conserve and enhance the natural and cultural heritage
o To promote the sustainable use of the natural resources of the
area
o To promote understanding and enjoyment (including enjoyment in
the form of recreation) of the special qualities of the area by the
public; and
o To promote sustainable social and economic development of the
communities of the area.
I hope that you find this information helpful.
I copy this e-mail to Mike Cantlay, Convener of Loch Lomond and The
Trossachs National Park Authority and Bill Dalrymple, Chief Executive
of the Loch Lomond and The Trossachs National Park Authority.
Yours sincerely,
Erika Hudleston
Erika Hudleston
Landscapes and Habitats Division
Rural Directorate
Scottish Executive
Phone: 0131-244 6472 GTN 7188-46472
Mail: 1-J South, Victoria Quay, Edinburgh EH6 6QQ
P Save paper and power - do you need to print this email or any
attachments? If so please print double sided.
-----Original Message-----
From: [email hidden] [[email hidden]]
Sent: 07 July 2007 11:21
To: Central Enquiry Unit
Cc: [email hidden]
Subject: Undemocratic National Parks
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________________________________________________________
Subject: Scotland's National Parks
Date: 23/07/07
To: [email hidden]
Dear Ms Hudleston
Thank you for your email of 23 July 2007.
You really haven't addressed the issue I raised. I don't really need
to know about the background of the National Parks - I know that
already.
What I want to know is why we who live in the NPs are not entitled to
the same level of local democracy as elsewhere in Scotland?
A clear response would be appreciated.
Yours sincerely
Angus Macmillan.
_________________________________
From: [email hidden]
Subject: Scotland's National Parks
Date: 01/08/07
Dear Mr. Macmillan
Thank you for your e-mail of 23 July. I copy my reply to the National
Parks Team Leader, Helen Jones.
I would advise that those who live National Parks do have the same
level of local democracy as elsewhere in Scotland. With regards to the
makeup of the National Park Authorities' Boards, five members are
elected by the voters in the National Park and ten members are
nominated by the relevant local authorities, local authorities which
have been elected by voters in their communities. The remaining ten
members are directly appointed by Scottish Ministers. As I mentioned
in my previous e-mail below, the National Park Authorities do have
some regulatory powers such as planning, otherwise it is the
constituent local authorities who have responsibility for serving the
communities within their respective boundaries in the National Park
area.
The local authorities' nominees and the directly appointed members to
the National Park Boards are not appointed on the basis of any
interest they hold or for being employed by a specific organisation.
Indeed, members must not misuse their official position to further
private interests or those of others and must declare any conflicts of
interest. These members must also meet the essential criteria of a
person specification to be appointed as a Board member.
Please find attached an example of such a person specification.
I thought it may be helpful to also advise that the National Park
Authorities are executive non-departmental public bodies (NDPBs). The
National Park Authorities' Boards have corporate responsibility for
ensuring that the Authorities fulfil the aims and objectives set by
Scottish Ministers.
Futher information on executive NDPBS
Executive NDPBs :
- are normally established by statute such as an Act of Parliament or
Royal Charter.
- carry out administrative, commercial, executive or regulatory
functions on behalf of Government.
- provide specialist advice to Ministers and others.
- have a national remit.
- have a board whose members are appointed by Ministers or by the
Queen on behalf of Ministers, and which meets at least quarterly.
- employ their own staff, who are not civil servants.
- manage their own budgets.
I hope that this information is helpful.
Yours sincerely,
Erika
Erika Hudleston
Landscapes and Habitats Division
Rural Directorate
Scottish Executive
Phone: 0131-244 6472 GTN 7188-46472
Mail: 1-J South, Victoria Quay, Edinburgh EH6 6QQ
_______________________________________________
Subject: Scotland's National Parks
Date: 5 August 2007
To: [email hidden]
Cc: [email hidden] ,
[email hidden]
Dear Ms Hudleston
Thank you for your email of 1 August 2007.
Although you advise me "those who live in National Parks do have the
same level of local democracy as elsewhere in Scotland", you provide
no explanation as to how you arrive at that conclusion. Indeed, what
follows in the rest of your email confirms that those who live in
National Parks do not have the same level of local democracy as
elsewhere in Scotland.
For instance, where else in Scotland are elected councils required to
hand over their responsibility for planning to persons appointed by
central government? To use the fact that central government requires
councils to nominate candidates for National Park Board appointments
as evidence of local democracy is really quite ridiculous. Indeed, it
is quite the reverse.
Although you say "the local authorities' nominees and the directly
appointed members to the National Park Boards are not appointed on the
basis of any interest they hold or for being employed by a specific
organization", one only needs to look at the "Person Specification" to
see this is not the case. It is patently obvious that unless one has
an interest or skill pertaining to furthering the National Parks'
extremely narrow purpose, aims and related issues, one would not be
considered for appointment as a National Park Authority board member.
This adds further weight to my claim that those of us who live in NPs
are being deprived of our democratic right to fair and free local
elections, because of the removal of a substantial amount of power
from our locally elected council and the imposition of the narrow
interest-led parameters dictated by central government.
It is really not enough to say we have the same level of local
democracy as elsewhere, unless you can provide clear and substantiated
evidence of your claim.
I await your response.
Yours sincerely
Angus Macmillan.
Angus Macmillan
www.roots-of-blood.org.uk
www.killhunting.org
www.con-servation.org.uk
All truth passes through three stages:
First, it is ridiculed;
Second, it is violently opposed; and
Third, it is accepted as self-evident.
-- Arthur Schopenhauer (1788-1860)